Need urgent legal advice – Manager not accepting resignation, delaying 60-day notice period

Community Forums Legal Advice India Need urgent legal advice – Manager not accepting resignation, delaying 60-day notice period

Viewing 6 reply threads
  • Author
    Posts
    • #18866 Reply
      Nadiapanther118
      Participant
        N
        Nadiapanther118
        PARTICIPANT
        April 8, 2025 at 10:19 am
        I need legal advice on a difficult work situation. I recently got a job offer after struggling for a long time. The new company has asked me to join in 60 days, and I informed them that my current company requires a 60-day notice period. They agreed to that.

        I submitted my resignation, but my current manager (who is toxic and the reason I’m leaving) is deliberately not accepting my resignation. She knows that the 60-day notice period will only start once they accept it, and is now using this as a way to torture me and delay the process, possibly so I lose the new opportunity.

        I really need the experience and relieving letters from this job, so I can’t just abscond — the new company has clearly said they need full documentation. I’ve heard she’s also checking with legal/lawyers from their end.

        Is there anything I can legally do here to make sure:
        1. My resignation is accepted officially?
        2. My notice period can start from the date I submitted it, not when they feel like accepting it?
        3. I receive all proper relieving documents even if they delay or try to create issues?
        4. Any legal action can I take on my manager?

        Any help or advice would be really appreciated. Thanks in advance!

      • #18872 Reply
        Gauravtiger377
        Participant
          G
          Gauravtiger377
          PARTICIPANT
          April 8, 2025 at 10:29 am
          Send a mail to your manager mentioning all details of your resignation.
          Put HR in CC of that mail
          also put your senior manager in CC.

          • #18879 Reply
            Ramyastar503
            Participant
              R
              Ramyastar503
              PARTICIPANT
              April 8, 2025 at 12:11 pm
              Exactly ! put on email with HR in cc, no one dare can challenge then

            • #18878 Reply
              Nadiapanther118
              Participant
                N
                Nadiapanther118
                OP
                April 8, 2025 at 3:24 pm
                Unfortunately no help from HR, they simply saying they are waiting approval from higher management team!

                • #18881 Reply
                  Gauravtiger377
                  Participant
                    G
                    Gauravtiger377
                    PARTICIPANT
                    April 8, 2025 at 3:27 pm
                    Then resend mail stating that you have resigned, reason mentioning for resignation is not necessary, now putting senior manager/delivery manager in CC along with HR.
                    And if possible know senior HR details and CC him as well.

                    • #18882 Reply
                      Nadiapanther118
                      Participant
                        N
                        Nadiapanther118
                        OP
                        April 8, 2025 at 3:28 pm
                        Sure will do that, thanks a much for helping out 😊

                • #18871 Reply
                  Aravwolf136
                  Participant
                    A
                    Aravwolf136
                    PARTICIPANT
                    April 8, 2025 at 10:34 am
                    You have to stay calm in this situation. Approaching in a hostile way will further escalate the things. You can move in legal direction, but that won’t be fruitful like you might have assumed. There is something that you and your manager knows which is the root cause. Your aim has to be to politely sort out things and get a smooth exit because it’s your life that is stuck at this moment.

                    • #18877 Reply
                      Nadiapanther118
                      Participant
                        N
                        Nadiapanther118
                        OP
                        April 8, 2025 at 3:24 pm
                        Thanks for your inputs 😊

                    • #18870 Reply
                      Vandanashark196
                      Participant
                        V
                        Vandanashark196
                        PARTICIPANT
                        April 8, 2025 at 11:08 am
                        In house lawyer here.

                        1. Your notice period starts the day you have officially submitted your resignation. Acceptance date is immaterial.

                        2. You don’t need them to approve your resignation.

                        3. You will get your fnf and relieving letter in due course.usually 45 days from your exit.

                        Be calm. Don’t give them any opportunity to fuck things up.

                        Ensure you communicate your last day to the team and others involved and proactively plan your handover.

                        Keep your manager in cc and let him know your plans.

                        Manager can act salty as team attrition is a matrix on which they are judged.

                        Eat 5 star and do nothing.

                        Also, don’t burn your bridges and even sarcastically thank that manager during your farewell.

                        Kill him with kindness

                        • #18876 Reply
                          Desishivansh558
                          Participant
                            D
                            Desishivansh558
                            PARTICIPANT
                            April 8, 2025 at 2:17 pm
                            lawyer here.

                            that is pretty insightful man, thanks for posting.

                          • #18875 Reply
                            Nadiapanther118
                            Participant
                              N
                              Nadiapanther118
                              OP
                              April 8, 2025 at 3:23 pm
                              Wow thanks for the insights 🙌

                              • #18880 Reply
                                Bravesachin924
                                Participant
                                  B
                                  Bravesachin924
                                  PARTICIPANT
                                  April 8, 2025 at 3:44 pm
                                  Yes, the moment you put resignation. Your notice period will start. In my case i wrote an email saying today i resigned and my last working day would so and so. Manager accepted my resignation after couple of days.

                                  All the best for future 🤗

                            • #18869 Reply
                              Megaprashant4593
                              Participant
                                M
                                Megaprashant4593
                                PARTICIPANT
                                April 8, 2025 at 11:36 am
                                Check what the process for resignation is. An email to your manager is fine to establish your LWD as per the company’s exit policy.

                                In case you need an acknowledgement – send an email to your manger , copy his manager and HR. Indicate that as you have resigned you would like to work with him to ensure a smooth transition handover and exit on the LWD.

                              • #18868 Reply
                                Mightykomal1002
                                Participant
                                  M
                                  Mightykomal1002
                                  PARTICIPANT
                                  April 8, 2025 at 1:52 pm
                                  Your notice period starts the day you put your resignation mail. My resignation was accepted on 45th day.. So don’t worry about it.

                                  • #18874 Reply
                                    Nadiapanther118
                                    Participant
                                      N
                                      Nadiapanther118
                                      OP
                                      April 8, 2025 at 3:25 pm
                                      I hope so, thanks for the insights!

                                  • #18867 Reply
                                    Brightthinker9189
                                    Participant
                                      B
                                      Brightthinker9189
                                      PARTICIPANT
                                      April 8, 2025 at 2:47 pm
                                      “She knows that the 60-day notice period will only start once they accept it, and is now using this as a way to torture me and delay the process, possibly so I lose the new opportunity.”

                                      Not really true. Your 60 days period has started the day you give them the formal notice.

                                      • #18873 Reply
                                        Nadiapanther118
                                        Participant
                                          N
                                          Nadiapanther118
                                          OP
                                          April 8, 2025 at 3:26 pm
                                          Yeah sure, thanks for the suggestions 😊

                                    Viewing 6 reply threads
                                    Reply To: Reply #18876 in Need urgent legal advice – Manager not accepting resignation, delaying 60-day notice period
                                    Your information:




                                    Cancel